Pensacola, FL asked in Probate for Ohio

Q: Father passed no will no spouse. My bro in same state as Dad. I live diff state. How protect my inheritance rights?

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2 Lawyer Answers
Theodore David Vicknair Sr.
Theodore David Vicknair Sr.
Answered
  • Probate Lawyer
  • Mandeville, LA

A: I would talk to an Ohio attorney about beating your brother to the punch to get appointed as Administrator of the estate. In my state, Louisiana, you and he would have equal preferenced in right to be appointed. Ohio may have a statute that provides that a local person living in the state has a slight preference over an out-of-state person, kbut that is not likely. Ohio counsel that has a steady probate practice will know or find out.

Assuming you beat him to the punch, most state laws provide that the person appointed as Administrator cannot be removed except for proof of a breach of a fiduciary duty. At least that is how my state's law is structured.

It could be that Ohio requires a contradictory hearing, or at least notice of a hearing, of the application for appointment as Administrator, in which case your brother can contest the appointment.

Keep in mind that state probate laws tend to be very state specific, so you should check with an attorney licensed and practicing probate in Ohio.

Mary Ellen Leslie Esq. agrees with this answer

1 user found this answer helpful

Andrew Popp
Andrew Popp
PREMIUM
Answered
  • Probate Lawyer
  • Ravenna, OH
  • Licensed in Ohio

A: Your rights are protected as a matter of law. Since your father had no will you are ineligible in Ohio to become the administrator of the estate as you are not an Ohio resident.

Without a Will your father's assets will pass according to Ohio's intestacy statute. (O.R.C. 2105.06). If you are concerned that the assets will not be divided fairly, you would have to address that with the probate court where the estate has been opened. Generally speaking, that should be the probate court for the county where your father lived when he passed away. At the end of the day, your best option is probably going to be to get an attorney on board who practices probate in that county.

Best of luck.

Mary Ellen Leslie Esq. agrees with this answer

1 user found this answer helpful

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